[Introduced February 14, 2013; referred to the Committee on
Transportation and Infrastructure; and then to the Committee on
the Judiciary.]

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A BILL to amend and reenact §17B-2-2 of the Code of West Virginia,
1931, as amended, relating to driver's licensing; and
providing an exemption from the requirement for a Class D
driver’s license for certain nonresident drivers.

Be it enacted by the Legislature of West Virginia:

That §17B-2-2 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:

ARTICLE 2. ISSUANCE OF LICENSE, EXPIRATION AND RENEWAL.

§17B-2-2. Persons exempt from license.

The following persons are exempt from license hereunder:

(1) Any person while operating a motor vehicle in the armed
services of the United States while in the performance of his or
her official duties;

(2) A nonresident who is at least sixteen years of age and who
has in his or her immediate possession a valid driver’s license
issued to the person in the person’s home state or country, unless
the commissioner determines the person’s home state or country does
not extend the same privileges to a resident of this state, may
operate a motor vehicle in this state only as a noncommercial
driver for a period not to exceed ninety days in any one calendar
year;

(3) A nonresident who is at least sixteen years of age who has
in the person’s immediate possession a valid driver‘s license
issued to the person in the person’s home state or country and who
is employed in this state, or owns, maintains or operates a place
or places of business in this state, or engages in any trade,
profession or occupation in this state, in addition to the driving
privileges extended under subdivision (2) of this section, unless
the commissioner determines the person’s home state or country does
not extend the same privileges to a resident of this state, may
operate a motor vehicle in this state only as a noncommercial
driver in traveling to and from the person‘s place or places of
employment, place or places of business or place or places at which
the person engages in the trade, profession or occupation and in
the discharge of the duties of the person’s employment, business,
trade, profession or occupation if the duties are such that, if
performed by a resident of the State of West Virginia over the age
of eighteen years of age, the resident would not be required under
the provisions of this chapter to obtain a Class A, B, C or D
driver‘s license: Provided, That a nonresident driver who meets
the minimum age and experience requirements for a Class D driver’s
license pursuant to subdivision (2), subsection (c), section one,
article two, chapter seventeen-b of the code who is licensed in a
jurisdiction that does not offer an equivalent driver’s license may
operate a motor vehicle in this state that requires a resident to
have a Class D license. However, this subsection shall not exempt
any person who is required to obtain a West Virginia driver’s
license in accordance with the provisions of section one-a of this
article;

(4) A nonresident who is at least eighteen years of age and
who has in his or her immediate possession a valid commercial
driver’s license issued to the person in his or her home state or
country and which meets the requirements of the federal Commercial
Motor Vehicle Act of 1986, Title XI of public law 99-570, and
unless the commissioner determines the person’s home state or
country does not extend the same privilege to a resident of this
state, may operate a motor vehicle in this state either as a
commercial driver subject to the age limits applicable to
commercial driver in this state, or as a noncommercial driver
subject to the limitations imposed on nonresident drivers in
subdivisions (2) and (3) of this section;

(5) Any person who is a student, properly enrolled and
registered in an accredited school, college or university in this
state, who is at least sixteen years of age and who has in his or
her immediate possession a valid driver’s license issued to the
person in the person’s home state, notwithstanding the limitations
of subdivisions (2) and (3) of this section, may operate a motor
vehicle in this state only as a noncommercial driver: Provided,
That the state of which the person is a resident shall extend the
same privileges to residents of this state. This exemption shall
be canceled immediately when the student is graduated from school,
college or university or is expelled or ceases to be a student.

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(NOTE: The purpose of this bill is to provide reciprocity to
certain nonresidents whose primary occupation is operating motor
vehicles which would require a Class D license in this state but do
not require an equivalent licence in the nonresident's state.
Operation of vehicles requiring a Class D license does not require
a commercial driver's license.

This legislation was recommended for passage in the 2013
Regular Session by the Legislative Select Committee on
Infrastructure.

Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.)